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CAPON WATER CO. v. FEDERAL TRADE COMMISSION

No. 6798.

107 F.2d 516 (1939)

CAPON WATER CO. et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Third Circuit.

October 9, 1939.

Attorney(s) appearing for the Case

Philip Austin, of Washington, D. C., and Joseph W. Henderson, of Philadelphia, Pa., for petitioners.

W. T. Kelley, Chief Counsel, Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, and Edw. W. Thomerson and James W. Nichol, Sp. Attys., all of Washington, D. C., for respondent Federal Trade Commission.

Before MARIS, CLARK, and BIDDLE, Circuit Judges.

CLARK, Circuit Judge.

This is the second visit of this particular mineral water to this court. Although that fact seems to have been ignored by all counsel, a search of the Federal Digest, under appropriate headings, revealed it. In 1930 the United States libeled "94 Dozen, More or Less, Half-Gallon Bottles Capon Springs Water" then claimed by Capon Water Company, the predecessor in title of the present petitioner. On representation of different counsel the learned...

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